The statutory purposes
SCHEDULE 3A The electronic communications code
[F1398 4 (1) In this code “the statutory purposes”, in relation to an operator, means—
(a) in relation to sharing rights, the purposes of enabling the provision by other operators of their networks, and
(b) in relation to rights other than sharing rights—
(i) the purposes of providing the operator’s network, or
(ii) the purposes of providing an infrastructure system.
(2) In sub-paragraph (1), “sharing right” means a right within paragraph 3(1)(ca), (ea) or (fa). F1398]
18 (1) This paragraph applies where, immediately before the abolition of licensing, a person holding a licence under section 7 of the 1984 Act (“the operator”) —
(a) is a person to whom the telecommunications code applies in respect of the running of a telecommunications system by him (“the operator’s system”); and
(b) in pursuance of a condition of his licence imposed for the purpose of securing that sufficient funds are available to meet code-related liabilities specified in the licence, is a party to any guarantee arrangements.
Defined in Sch.18 para.18(1) · see it in the full Act“provide” and cognate expressions, in relation to an electronic communications network, electronic communications service or associated facilities, are to be construed in accordance with section 32(4);
Defined in s.405(1) · see it in the full ActThe judgment uses paragraph 4 to identify the statutory purposes for which rights must be conferred to qualify as Code rights. (see paras [4], [21], [108], [122]) The judgment identifies provision of the operator’s network as a statutory purpose relevant to whether a right is a Code right. (see paras [21], [122]) The judgment identifies provision of an infrastructure system as a statutory purpose relevant to whether a right is a Code right. (see paras [21], [122])
Identifies providing the operator’s network as a statutory purpose for rights other than sharing rights. The Tribunal considered whether passive mast sites alone were such a network (see paras [19]-[23]). The current Code includes providing an infrastructure system as a statutory purpose. The Tribunal explained that this purpose did not form part of the 2003 Code governing the 2016 agreement (see paras [19]-[20], [27]-[34]).
The court identified the statutory purposes of a code right as providing the operator’s network or an infrastructure system. (see para [9])
What each judgment says about Schedule 3A, paragraph 4 is in the case-law panel in the full Act.